Simon v. R., [1986] 1 C.N.L.R. 153 (S.C.C.), rev'g [1982] 1 C.N.L.R. 118 (N.S.C.A.)

Description

The accused, a Mi\\'kmaq Indian, was charged with unlawful possession of a shot-gun cartridge and unlawful possession of a rifle during closed season under the Nova Scotia Lands and Forests Act. The accused argued that he had a treaty right to possess the cartridge and shotgun. Accordingly, he argued that the provincial legislation did not apply to him because of section 88 of the Indian Act. Section 88 provides that provincial laws of general application apply to Indians \\\subject to the terms of any treaty.\\\" The validity of the alleged treaty was also addressed. This document is the factum of the Respondent."